That the present Confederation is inadequate to the objects of
the Union seems to be universally allowed. The only question
is—What additional powers are wanting to give due energy to the
federal government? We should, however, be careful, in forming our
opinion on this subject, not to impute the temporary and extraordinary
difficulties that have hitherto impeded the execution of the
Confederation to defects in the system itself.
Taxation is in every government a very delicate and difficult
subject. Hence it has been the policy of all wise statesmen, as far as
circumstances permitted, to lead the people by small beginnings and
almost imperceptible degrees into the habits of taxation. Where the
contrary conduct has been pursued, it has ever failed of full success,
not infrequently proving the ruin of the projectors. The imposing of a
burdensome tax at once on a people, without the usual gradations, is
the severest test that any government can be put to; despotism itself
has often proved unequal to the attempt. Under this conviction, let us
take a review of our situation before and since the Revolution. From
the first settlement of this country until the commencement of the
late war, the taxes were so light and trivial as to be scarcely felt
by the people. When we engaged in the expensive contest with Great
Britain, the Congress, sensible of the difficulty of levying the
moneys necessary to its support by direct taxation, had resource to an
anticipation of the public resources by emitting bills of credit, and
thus postponed the necessity of taxation for several years. This means
was pursued to a most ruinous length.
But about the year '80 or '81, it was wholly exhausted, the
bills of credit had suffered such a depreciation from the excessive
quantities in circulation that they ceased to be useful as a
medium. The country at this period was very much impoverished and
exhausted; commerce had been suspended for near six years; the
husbandman, for want of a market, limited his crops to his own
subsistence; the frequent calls of the militia and long continuance in
actual service, the devastations of the enemy, the subsistence of our
own armies, the evils of the depreciation of the paper money, which
fell chiefly upon the patriotic and virtuous part of the community,
had all concurred to produce great distress throughout America. In
this situation of affairs, we still had the same powerful enemy to
contend with, who had even more numerous and better appointed armies
in the field than at any former time. Our allies were applied to in
this exigency, but the pecuniary assistance that we could procure from
them was soon exhausted. The only resource now remaining was to obtain
by direct taxation the moneys necessary for our defense.
The history of mankind does not furnish a similar instance of an
attempt to levy such enormous taxes at once, nor of a people so wholly
unprepared and uninured to them—the lamp of sacred liberty must
indeed have burned with unsullied luster, every sordid principle of
the mind must have been then extinct, when the people not only
submitted to the grievous impositions but cheerfully exerted
themselves to comply with the calls of their country. Their abilities,
however, were not equal to furnish the necessary sums—indeed, the
requisition of the year 1782 amounted to the whole income of their
farms and other property, including the means of their
subsistence. Perhaps the strained exertions of two years would not
have sufficed to the discharge of this requisition. How then can we
impute the difficulties of the people to a due compliance with the
requisitions of Congress to a defect in the Confederation? Any
government, however energetic in similar circumstances, would have
experienced the same fate. If we review the proceedings of the states,
we shall find that they gave every sanction and authority to the
requisitions of Congress that their laws could confer, that they
attempted to collect the sums called for in the same manner as is
proposed to be done in future by the general government instead of the
state legislatures.
It is a maxim that a government ought to be cautious not to
govern overmuch, for, when the cord of power is drawn too tight, it
generally proves its destruction. The impracticability of complying
with the requisitions of Congress has lessened the sense of obligation
and duty in the people and thus weakened the ties of the Union; the
opinion of power in a free government is much more efficacious than
the exercise of it; it requires the maturity of time and repeated
practice to give due energy and certainty to the operations of
government. …
I am persuaded that a due consideration will evince that the
present inefficacy of the requisitions of Congress is not owing to a
defect in the Confederation but the peculiar circumstances of the
times.
The wheels of the general government having been thus clogged,
and the arrearages of taxes still accumulating, it may be asked: What
prospect is there of the government resuming its proper tone unless
more compulsory powers are granted? To this it may be answered that
the produce of imposts on commerce, which all agree to vest in
Congress, together with the immense tracts of land at their disposal,
will rapidly lessen and eventually discharge the present
encumbrances. When this takes place, the mode by requisition will be
found perfectly adequate to the extraordinary exigencies of the
Union. Congress have lately sold land to the amount of eight millions
of dollars, which is a considerable portion of the whole debt.
It is to be lamented that the interested and designing have
availed themselves so successfully of the present crisis, and under
the specious pretense of having discovered a panacea for all the ills
of the people, they are about establishing a system of government that
will prove more destructive to them than the wooden horse filled with
soldiers did in ancient times to the city of Troy. This horse was
introduced by their hostile enemy the Grecians by a prostitution of
the sacred rites of their religion; in like manner, my fellow
citizens, are aspiring despots among yourselves prostituting the name
of a Washington to cloak their designs upon your liberties.
I would ask: How was the proposed Constitution to have showered
down those treasures upon every class of citizens, as has been so
industriously inculcated and so fondly believed by some? Would it have
been by the addition of numerous and expensive establishments? By
doubling our judiciaries, instituting federal courts in every county
of every state? By a superb presidential court? By a large standing
army? In short, by putting it in the power of the future government to
levy money at pleasure, and placing this government so independent of
the people as to enable the administration to gratify every corrupt
passion of the mind, to riot on your spoils, without check or control?
A transfer to Congress of the power of imposing imposts on
commerce, the unlimited regulation of trade, and to make
treaties—I believe is all that is wanting to render America as
prosperous as it is in the power of any form of government to render
her; this properly understood would meet the views of all the honest
and well-meaning.
What gave birth to the late Continental Convention? Was it not
the situation of our commerce, which lay at the mercy of every foreign
power who, from motives of interest or enmity, could restrict and
control it without risking a retaliation on the part of America, as
Congress was impotent on this subject? Such indeed was the case with
respect to Britain, whose hostile regulations gave such a stab to our
navigation as to threaten its annihilation. It became the interest of
even the American merchant to give a preference to foreign bottoms;
hence the distress of our seamen, shipwrights, and every mechanic art
dependent on navigation.
By these regulations, too, we were limited in markets for our
produce; our vessels were excluded from their West India islands; many
of our staple commodities were denied entrance in Britain. Hence the
husbandmen were distressed by the demand for their crops being
lessened and their prices reduced. This is the source to which may be
traced every evil we experience, that can be relieved by a more
energetic government. Recollect the language of complaint for years
past; compare the recommendations of Congress, founded on such
complaints, pointing out the remedy; examine the reasons assigned by
the different states for appointing delegates to the late Convention;
view the powers vested in that body—they all harmonize in the
sentiment that the due regulation of trade and navigation was the
anxious wish of every class of citizens, was the great object of
calling the Convention.
This object being provided for by the Constitution proposed by
the general Convention, people overlooked and were not sensible of the
needless sacrifice they were making for it. Allowing for a moment that
it would be possible for trade to flourish under a despotic
government, of what avail would be a prosperous state of commerce?
When the produce of it would be at the absolute disposal of an
arbitrary unchecked general government, who may levy at pleasure the
most oppressive taxes; who may destroy every principle of freedom; who
may even destroy the privilege of complaining.
If you are in doubt about the nature and principles of the
proposed government, view the conduct of its authors and patrons: that
affords the best explanation, the most striking comment.
The evil genius of darkness presided at its birth, it came forth
under the veil of mystery, its true features being carefully
concealed, and every deceptive art has been and is practising to have
this spurious brat received as the genuine offspring of heaven-born
liberty. So fearful are its patrons that you should discern the
imposition that they have hurried on its adoption, with the greatest
precipitation. They have endeavored also to preclude all
investigation; they have endeavored to intimidate all opposition. By
such means as these have they surreptitiously procured a Convention in
this state, favorable to their views; and here again investigation and
discussion are abridged, the final question is moved before the
subject has been under consideration, an appeal to the people is
precluded even in the last resort, lest their eyes should be opened;
the Convention have denied the minority the privilege of entering the
reasons of their dissent on its journals. Thus despotism is already
triumphant, and the genius of liberty is on the eve of her exit, is
about bidding an eternal adieu to this once happy people.
After so recent a triumph over British despots, after such
torrents of blood and treasure have been spent, after involving
ourselves in the distresses of an arduous war and incurring such a
debt for the express purpose of asserting the rights of humanity, it
is truly astonishing that a set of men among ourselves should have had
the effrontery to attempt the destruction of our liberties. But in
this enlightened age, to dupe the people by the arts they are
practising is still more extraordinary. …
That the powers of Congress ought to be strengthened, all allow;
but is this a conclusive proof of the necessity to adopt the proposed
plan? Is it a proof that because the late Convention, in the first
essay upon so arduous and difficult a subject, harmonized in their
ideas, that a future convention will not, or that after a full
investigation and mature consideration of the objections, they will
not plan a better government and one more agreeable to the sentiments
of America, or is it any proof that they can never again agree in any
plan? The late Convention. must indeed have been inspired, as some of
its advocates have asserted, to admit the truth of these positions, or
even to admit the possibility of the proposed government being such a
one as America ought to adopt; for this body went upon original
ground, foreign from their intentions or powers. They must therefore
have been wholly uninformed of the sentiments of their constituents in
respect to this form of government, as it was not in their
contemplation when the Convention was appointed to erect a new
government but to strengthen the old one. Indeed, they seem to have
been determined to monopolize the exclusive merit of the discovery, or
rather, as if darkness was essential to its success, they precluded
all communication with the people by closing their doors. Thus the
well-disposed members, unassisted by public information and opinion,
were induced by those arts that are now practising on the people to
give their sanction to this system of despotism.
Centinel